Northern Rockies Ecosystem Protection Act introduced for the first time in Senate

The Northern Rockies Ecosystem Protection Act (NREPA), a bill that would give permanent Wilderness protection to 23-million acres of roadless lands in Idaho, Wyoming, Montana, Oregon and Washington has just been introduced in the U.S. Senate by Senator Sheldon Whitehouse and 7 other senators, including Harry Reid of Nevada and Barbara Boxer of California. The House version of NREPA was introduced last year and currently has 37 co-sponsors. 

What follows is an article about today’s NREPA introduction in the Senate from Friends of the Wild Clearwater. – mk

Kelly Creek NREPA
Washington D.C.- U.S. Senator Sheldon Whitehouse (D-RI) introduced the Northern Rockies Ecosystem Protection Act (NREPA) in the Senate yesterday. The bill, S 3022, would give permanent wilderness protection to 23-million acres of America’s premier roadless lands in Idaho, Wyoming, Montana, Oregon and Washington, as well as designate about 1,800-miles of rivers and streams as Wild and Scenic. Fellow co-sponsors included: Sen. Boxer (D-CA), Sen. Durbin (D-IL), Sen. Markey (D-MA), Sen. Menendez (D-NJ), Sen. Reid (D-NV) Sen. Schumer (D-NY), and Sen. Shaheen (D-NH).

“We all depend on our forests and rivers for our health and wellbeing,” said Senator Whitehouse. “This legislation would preserve an important and productive wilderness for future generations, secure important habitat for wildlife, and help to reduce climate change in the process.”

Brett Haverstick, Education & Outreach Director for Friends of the Clearwater welcomed news of the legislation being introduced in the Senate. “Some of the most biologically diverse and important roadless wildlands and rivers in the Lower 48 are located in the Clearwater Basin of north-central Idaho. Future generations will look back one day and thank our elected leaders for permanently protecting some of the best wild country left in America.”

Singer-songwriter Carole King added that many Americans don’t know their taxpayer dollars are being used to destroy the last of these incredibly beautiful and important wild places that are owned by all Americans. “One result of not having NREPA has been a tremendous loss of populations among species such as wolverine, lynx, grizzly bear, fluvial Arctic grayling and bull trout. Plus protecting the Northern Rockies Greater Ecosystems will attract tourists from around the world, and, unlike logging, tourism is a sustainable economy that will benefit local communities for generations to come.”

Congresswoman Maloney said, “I’m pleased Sen. Whitehouse has brought NREPA to the attention of the Senate. This region’s native plants and animals are worthy of our country’s highest protective status for wild lands as permanent wilderness. NREPA will protect natural biological corridors, connect whole ecosystems, and restore more than 1-million acres of damaged habitat and watersheds.”

Mike Garrity, Executive Director of the Alliance for the Wild Rockies thanked Senator Whitehouse and all of the cosponsors for introducing NREPA in the Senate. “The Northern Rockies are headwaters to three of our country’s major waterways that provide water to tens of millions of Americans — the mighty Columbia, Colorado and Missouri Rivers,” Mike Garrity explained. “The drinking water crisis in Flint, Michigan, has reminded us just how essential clean water is to human health. These headwaters, which provide some of the cleanest water on the planet, deserve to be designated as permanent wilderness.”

Garrity also emphasized that the Northern Rockies Ecosystem Protection Act will save taxpayers millions of dollars annually by eliminating wasteful subsidies to the logging industry while protecting the vast forests that are some of our nation’s best and most effective tools to fight global warming. ”National Forests absorb an astounding 10% of the carbon that America creates and unlogged and old growth forests absorb the most carbon,” Garrity explained. “It makes no sense for Congress to continue to subsidize logging the nation’s few remaining roadless areas that President Clinton worked to protect with his Roadless Rule.”

Read the news release of NREPA being introduced in the House.

See a map of NREPA.

Learn more about NREPA.

Can cutting down trees protect New Mexico’s water?

That’s the title of an article from High Country News.

“The concept is to carefully thin forests on both public and private lands to reduce the intensity of wildfires, preventing the kind of inferno that erupted in the Las Conchas fire and protecting water systems from wildfire’s catastrophic aftermath.”

Funding comes from several sources, not just the USFS:

“The effort, called the Rio Grande Water Fund, has support from 52 cities, counties, water utilities and other groups. To date, the 2-year-old fund has raised $1.5 million and its partners have raised $7.4 million to treat a total of roughly 10,000 acres throughout the watershed of the Rio Grande River, from just south of Albuquerque to the Colorado border. Early money to kickstart the fund came from, among others: the U.S. Forest Service, a foundation run by hardware store Lowe’s, the U.S. Bureau of Reclamation and the Wyoming-based LOR Foundation (which also has provided financial support for the project for which this story was produced).”

The Nature Conservancy is playing a big role. Anyone here know what the Center Biological Diversity and other groups think of this?

National forests on the campaign trail (or Hillary on the stump)

“Hillary Clinton’s Plan for Conservation and Collaborative Stewardship of America’s Great Outdoors”

Hillary Clinton believes that restoring and protecting the health of America’s forests requires managing them for the full scope of benefits they provide. Clinton will work with the U.S. Forest Service and Bureau of Land Management to set clear management goals that not only recognize the value of forests and public lands for sustainable timber, but for the carbon they absorb, the wildlife habitat they furnish, and the recreation opportunities and clean drinking water they supply. Clinton will build on the success of the Roadless Rule by working to protect and restore old growth and large landscapes that are essential to the health of fish and wildlife. Recognizing that climate change is increasing the dangers and costs of large wildfires in many areas, Clinton will also work to reform the wildfire budget to ensure that firefighters, states, and communities have the resources they need to fight fires every year, and to end the damaging practice of transferring resources away from initiatives that help reduce fire risk and restore the health of forests.

In recent years, special interest groups have been supporting efforts to dispose of or sell off America’s public lands, which would privatize national forests, national monuments, and even national parks. Clinton strongly opposes these proposals to sell off America’s natural heritage. She will fight to protect the rights of our children and grandchildren to explore the lands and waters that define us as a nation.

Clinton will set a goal of unlocking access to at least 2 million acres of currently inaccessible public lands by the end of her first term – halving the amount of public land that is currently off-limits – by pursuing voluntary conservation partnerships with private landowners and state governments to establish new access points, trails, and easements to open public access to public lands.

Clinton will expand energy production on public lands and waters ten-fold within ten years of taking office, while reforming federal fossil fuel leasing.  Through smarter planning, public input, and careful decisions, the federal government should be directing developers – whether for renewable energy projects or mineral extraction – to areas with the fewest potential environmental costs, while clearly identifying those special places that should be safeguarded for future generations.

Clinton will advance a joint Department of Interior/Department of Agriculture program to commercialize biomass energy opportunities associated with sound forest management and agricultural practices

Clinton will ask the Small Business Administration (SBA) to dedicate a portion of SBA loans to entrepreneurs seeking to launch small businesses in the outdoor industry as well as existing business owners in gateway communities.

Trump’s alternative anyone?

Success on the Bitterroot

This article from the Ravalli Republic, “Bitterroot Forest looking for resolution on timber project,” notes that “Once that project is completed, nearly all of the national forest lands that border private ground on the west side of the Bitterroot Valley will have been thinned.” That sounds like the Bitterroot NF folks have been successful in planing and carrying out other projects.

The FONSI says:

I have decided to authorize commercial and non-commercial forest treatments, including prescribed
burning, on approximately 2,327 acres of National Forest in the Westside project area. My decision
includes the construction of approximately 3.8 miles of permanent National Forest System road and
3.8 miles of temporary road, treatments in the Selway-Bitterroot Inventoried Roadless Area (IRA), the
application of design features and best management practices (Table DN-4, Appendix A), and Forest
Plan amendments for elk habitat effectiveness, coarse woody debris, and visual quality (Appendix B).
The new permanent road will be closed year-long to motorized travel and the temporary roads will be
reclaimed following use. These treatments will improve forest conditions and long-term
administrative access in the project area.

Commercial harvest would occur on 1,349 acres:
· 506 acres would be treated with improvement cuts (22 acres in the Selway-Bitterroot IRA)
· 799 acres would be treated with irregular harvest cuts
· commercial volume would be removed from 44 of the 92 acres of aspen treatment

Non-commercial timber would be removed from about 978 acres:
· understory ponderosa pine and Douglas-fir would be removed from 666 acres of forest (139
· 206 acres of ponderosa pine plantation
· 58 acres for meadow restoration

Join the forest plan revision party

The Francis Marion National Forest was the first out of the gate last fall.  It is now joined by the southern Sierra national forests (Inyo, Sequoia and Sierra) and Flathead.  The draft plan and EIS for the Sierra forests were released on May 27th for a 90-day public comment period.  The Flathead will be officially out on Friday June 3rd for a 120-day comment period (but the documents are on their website now).  Experience the 2012 Planning Rule!

Ruffed Grouse Trends on the Nantahala-Pisgah National Forest: Guest Post by Mac McConnell

Some comments on my charts showing the results of national forest non-management have contended that I’ve placed too much emphasis on reduced tangible and material outputs (renewable energy, wood and paper products) and on adverse economic and social impacts (jobs lost, stressed families,
communities and local governments) . Critics claimed that the non-material results of “hands off” management were being ignored.

In an attempt to remedy this imbalance I offer the following .The ruffed grouse (Bonasa umbellus) is widely used by wildlife biologists, both in the eastern and western U.S., as an indicator species for assessing the status of wildlife habitat and the ecological diversity of upland forests. The chart demonstrates the effect of virtual non-management of the timber resource on this key species in the Nantahala-Pisgah National Forest,(N-P), the mountain national forest in North Carolina. According to the N.C.Wildlife Resources Commission 2015 annual report, “By all measures, grouse hunting during the 2014-15 season was the poorest on record”.

The U.S. Forest Service is currently creating about 500 acres per year of early successional habitat through regeneration cuts (clearcut, shelterwood, and group selection). This comprises about .06% of the 908,700 acres of unreserved timberland found on the forest. An additional + 100 acres is thinned annually with varying beneficial impacts on ground cover. The acreage of prescribed burn has increased steadily since 1995 and now averages about 10,000 acres annually. While this treatment promotes the development of early successional habitat, its aggregate impact is difficult to assess as effects vary widely with fire intensity, ambient temperature, stand density, season of year, timber type, and ground cover.

nantahala pisgah

Good quality early successional habitat can best be produced by well-designed regeneration harvests. Current management of the N-P produces about 500 acres annually of this habitat. Maintenance of suitable grouse habitat and the age class diversity essential to forest health requires, at a minimum, treatment of ~.5 % (about 4500 acres for the N-P) of the forested area annually. While the report focuses on grouse, be aware that  the decline of early succession habitat is adversely affecting not only grouse, but of other game and non-game species such as woodcock, white-tailed deer, wild turkey, golden-winged, prairie, and cerulean warblers, Bewick’s wren, yellow-breasted chat and a host of others (See Hunter et al, Wildlife Society Bulletin 29(2) 440-445)

The summer 2001 edition of the Wildlife Society Bulletin, a peer-reviewed journal of the professional organization of American wildlife biologists, contained a series of 8 articles. These examined in depth the changes in habitat and wildlife populations that are resulting from current non-management of wildlands in the eastern United States. The authors reached the unanimous conclusion that, considering both game and non-game species, more intensive management is urgently needed and that the continuation of the current “hands-off” policies would result in “the loss of some of the most interesting and diverse natural communities in eastern North America”. The habitat-population chart suggests that this prognosis is becoming a reality.

pisgah

 

It should be noted that the Nantahala-Pisgah N.F. has 105,000 acres of Wilderness and Wilderness Study areas and the neighboring Great Smoky Mountain National Park has 522,000 acres of forest land on which timber harvesting is prohibited.  

Mac McConnell

May, 2016

Report: Flathead National Forest Shirks Its Road Reclamation Duties

A new report from the Swan View Coalition in Montana gives a thorough rundown on how the Flathead National Forest in particular – and the Forest Service and Congress in general – are using the Collaborative Forest Landscape Restoration Program (CFLRP) and other collaboration and “restoration” initiatives to keep its bloated road system and fool the public into thinking the problem in America’s forests is too many trees and not too many roads.

For those involved in bull trout and water quality issues, the report also documents ongoing road-related travesties in Bunker, Sullivan, Coal, and other key watersheds on the Flathead National Forest. The report also describes how the Flathead National Forest is trying to cheat its way out of road decommissioning and begin to instead rebuild roads decommissioned previously.

Read the full report here.

Executive Summary

In order to protect water quality and fish, the Flathead National Forest is required to either remove or monitor annually all culverts and bridges in roads closed in threatened bull trout habitat. Similarly, the Flathead is required to develop a monitoring plan for each road it chooses to simply close in providing Security Core habitat for threatened grizzly bear, rather than conducting the preferred reclamation by removing all stream-crossing structures.

Our investigation finds the Flathead has developed none of the required stream-crossing monitoring plans for roads closed to provide Security Core. Nor has it annually monitored stream-crossing structures on closed roads in bull trout habitat. Though the Forest Service set forth these requirements and the need for them, the Flathead has failed to implement them. Rather than correct the problem, it has instead set upon a course to do away with such requirements – as culverts and bridges continue to fail on roads both open and closed to motor vehicles.

This report will discuss how the Flathead tracks its roads and stream-crossing structures, discuss how it does and does not monitor them, and provide examples of the consequences when it fails to adequately manage them. It will conclude with recommendations on how to get the effort back on track rather than abandon it to the detriment of fish, wildlife and taxpayers.

Fracking on the Wayne National Forest – no significant impact

This story got me to look closer at planning for fracking on national forests.  The reason the BLM can say this in their EA is arguably because a lease does not “authorize surface disturbing activities.”  Here’s the way it works.

“The Bureau of Land Management (BLM) proposes to lease up to approximately 40,000 federally-owned minerals located in the Wayne National Forest, Athens Ranger District, Marietta Unit in Monroe, Noble, and Washington Counties in Ohio. This approximate acreage figure represents the total amount of federally-owned minerals that could be nominated and potentially be made available for leasing on the Marietta Unit. Industry uses the BLM Expression of Interest (EOI) process to nominate federal minerals for leasing. To date, industry has submitted over fifty EOIs for parcels located on the Marietta Unit totaling approximately 18,000 acres.”

“The proposed leases would provide the lessee(s) exclusive rights to explore and develop oil and gas reserves on the leases but do not authorize surface disturbing activities. Although there would be no surface disturbance from the action of leasing, the Environmental Assessment (EA) analyzes a reasonably foreseeable development scenario (RFDS) to address the anticipated environmental effects from potential future oil and gas development. Before a lessee or operator conducts any surface disturbing activities related to the development of these leases, the Bureau of Land Management (BLM) must first approve an application for permit to drill (APD) as specified in 43 CFR 3162. In an APD, an applicant proposes to drill the well subject to the terms and conditions of the lease. Upon receipt of an APD, the BLM conducts an onsite inspection with the applicant and the landowner. The Forest Service and BLM would also conduct additional site-specific analysis in compliance with the National Environmental Policy Act (NEPA) and the appropriate consultations under the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) prior to approving the APD.”

So for example, here are the effects of the proposal on “Recreation, Land Use and Noise:”  “No direct impacts from leasing. Minor, short- and longterm changes to land use from reasonably foreseeable development activities due to conversion of undeveloped areas to areas that support oil and gas development. Future reasonably foreseeable effects minimized by stipulations and other Forest Service measures for protecting recreation resources. Noise levels would lessen during the production phase.” Another example – effects on air resources would be mitigated by “Standard Operating Procedures (SOPs), best management practices (BMPs) and conditions of approval (COAs) at time of drilling.”

Where I come from, NEPA requires accounting for “reasonably foreseeable effects,” and I think that is what is being described here.  And I think they meet the significance criteria in NEPA to require an EIS.  I don’t see how BLM can rely on mitigating effects through “stipulations and other Forest Service measures” – unless they are known, in-place mandatory forest plan standards, or if they have been incorporated into the terms of the lease. The EA cites these requirements:  “The following notifications and stipulations implement the standards and guidelines of the Wayne National Forest’s 2006 Land and Resource Management Plan (Forest Plan). These are in addition to the standard lease terms for oil and gas leases (BLM Form 3100-11).”  All other sources of potential mitigation would have to be considered speculative.

There is another NEPA process at the permitting stage where these effects may be addressed.  The EA states, “The lessee is hereby made aware that all post lease operations will be subject to appropriate environmental review and may be limited or denied by no surface occupancy stipulations.”   In reality, once a lease is signed, what discretion does the Forest Service have to deny or severely restrict a permit?  Maybe someone could refresh my memory on how this has all been sorted out in court.

VIDEO: Counties in Crisis – final cut

Subscribers here, I thought, might be interested to know that the documentary video titled, “Counties in Crisis – final cut,” is now available at YouTube, here:  https://www.youtube.com/watch?v=Q-7vAAUaPio.   Incidentally, the full text of the video’s script is also available at the Not Without a Fight! blog, here:  https://countieswithnationalforests.wordpress.com/2015/12/15/the-script-counties-in-crisis/.  Thanks!  Ron Roizen

Nez Perce Clearwater salvage project enjoined

The Idaho District Court enjoined the Johnson Bar Salvage Project on May 12, finding  violations of NEPA and the Wild and Scenic Rivers Act.  During the time between the release of the DEIS in March of 2015, and the publication of the FEIS in October of 2015, timber harvesting activities on burned state and private lands had occurred or were underway, and additional wildfires had burned or continued to burn, near the project area.

The court found that the Forest had failed to take a hard look at the effects of these events on sediment and visual quality, and should have prepared a supplemental EIS to address the new information.  The main flaw was failing to undertake a quantitative effects analysis of the new sediment sources comparable to what had been done for the original baseline.  There were also conflicting statements in the fisheries evaluation, and evidence that road decommissioning would not reduce sediment as claimed.  There was no support in the record for conclusory statements in the ROD about a lack of cumulative effects.  The urgency of the salvage harvest was not given great weight in the balancing of interests that supported the injunction because the project was scheduled over five years.

This sounds like a case where shortcuts were taken to try to complete a project that was overtaken by events.  Haste makes waste.

The Wild and Scenic River holding involved an out-of-date river plan, but may have some implications for vaguely written forest plans (in relation to rivers, diversity or other requirements):

The Forest Service cannot effectively analyze, nor can the public and Court crosscheck, the Forest Service’s analysis, without a River Plan that delineates objective standards, or predetermined criteria, for describing, assessing, and protecting the Wild and Scenic values of the Rivers. Without objective, predetermined criteria, the public is left to trust the Forest Service’s “word” that it considered all relevant factors necessary to protecting the Middle Fork Clearwater and Selway Rivers’ Wild and Scenic values and that the Project will not affect or have minimal impact upon the Wild and Scenic values.”